Cases: Arbitration

Post-Arbitration Fees and Judgment Enforcement: Court Of Appeal Considers Some Interesting Fee Award Appellate Challenges In These Two Areas

Cases: Arbitration, Cases: Deadlines, Cases: Judgment Enforcement

  Sixth District Likes Trial Court’s Rulings Across the Board on Fee Issues.      In Exatron, Inc. DiFrancesco, Case No. H033094 (6th Dist. Dec. 9, 2009) (unpublished), plaintiff’s prior attorney’s fees and costs award from a contractual arbitration against defendant were affirmed in a prior appellate decision. Nine months later, plaintiff filed for supplemental fees […]

Arbitration: Trial Court Has Authority To Award Limited Arbitration Fees And Costs

Cases: Arbitration, Cases: Costs

Lower Court Erred In Awarding $5,218.60 in Filing Fees, Motion Fees, and Registered Process Server Charges.      In Meyers v. Fitzgerald, Case No. H032605 (6th Dist. Nov. 19, 2009) (unpublished), plaintiffs filed a complaint that was ordered to arbitration. The complaint was later dismissed without prejudice based on certain voluntarily actions taken by defendants. However,

Blog Update: Burlage Decision On Rehearing …

Cases: Arbitration, Cases: POOF!

No Different Result.      On our September 2, 2009 post, we reported on the Burlage decision, which reversed confirmation of a substantial arbitration decision (complete with the overturning of a large fee award). We can now report that, on October 20, 2009, the Second District, Division 6, issued an opinion on rehearing that came to

Retainer Agreements: LLC Managing Member Held Liable To Former Attorneys For $210,613.39

Cases: Arbitration, Cases: Retainer Agreements

  First District, Division 5 Affirms Judgment Against LLC Managing Member.      LLC managing member signed a retainer letter with an affiliated management company and paid litigation attorneys through checks drawn on dba accounts, before deciding to terminate the attorneys having a sizable receivable. After a lot of procedural and lower court tussles, attorneys finally

POOF!: Arbitration and CEQA Fee Awards Fall With Reversal of Underlying Matters

Cases: Arbitration, Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Two Appellate Courts Show That Fees May Rise and Fall With Later Dispositions. Arbitration—Burlage v. Superior Court, Case No. B211431 (2d Dist., Div. 6 Aug. 31, 2009) (certified for publication)      This case is going to attract attention, because Presiding Justice Gilbert (author of a 2-1 majority opinion) has taken on the principle that Moncharch

Arbitration: Losing Attorneys Get Drastic Fee Reduction Even Though Winning Clients Never Oppose Petition to Vacate Arbitration Award

Cases: Arbitration

Second District, Division Three Has Difference in Opinion on Impact of Unopposed Petition to Vacate Arbitration Award.      Here is an interesting one for you. Clients soundly beat their former attorneys in a contractual arbitration: attorneys sought to recover $604,113.43 in fees for services rendered, while the arbitrator only awarded them $34,196.60—“a fraction of the

Hate Crime Statutes: Arbitration Expense and Fee Award Reversed And Remanded Because Armendariz Prohibition on Expenses Applies To Statutory Hate Crime Claims

Cases: Allocation, Cases: Arbitration, Cases: Consumer Statutes, Cases: POOF!, Cases: Special Fee Shifting Statutes

Second District, Division One, Does Remand For Proper Expense/Fee Determination and For Examination of Allocation Issues.      Armendariz v. Foundation Health Psychcare, 24 Cal.4th 83, 110-113 (2000) determined that arbitral expenses beyond what a plaintiff litigant would have borne in a court case cannot be imposed in cases involving statutory rights enacted for a public

Arbitration and Expert Fees: Even if Award of Expert Fees Was an Act in Excess of Arbitrator’s Jurisdiction, It Did Not Provide Basis to Vacate Award

Cases: Arbitration, Cases: Experts

Second District, Division Three, Reminds Us Simple Mistake of Law or Fact is Not Necessarily in Excess of an Arbitrator’s Powers.      Frederick Lax, former President and CEO of Tekelec, brought an arbitration proceeding against Tekelec, seeking compensation for options that were lost when Tekelec did not issue necessary financial statements until after the options

Arbitration: Second District, Division Two Affirms Order Denying Attorney’s Fees For Client Who Defeats Petition to Confirm Amended Arbitration Award, Because He Failed to Bring to Court’s Attention that the Original Award Should Have Been Confirmed

Cases: Arbitration, Cases: Prevailing Party

Court of Appeal Notes that Strict Limitations of CCP 1286 are Seldom Acknowledged in Case Law, But Does Acknowledge Those Limitations This Time.      On February 18, 2009, we did a post on Karton v. Dougherty, a case in which a $1,146,578.38 default judgment with interest of $159,679.92 in favor of Beverly Hills attorney David

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